State ex rel. Intl. Union of Operating Engineers, Local 20 v. State Employment Relations Bd.

Trial court did not err in denying relator-appellant's request for a writ of mandamus following State Employment Relations Board (\SERB\)'s dismissal of unfair labor practice charge for lack of probable cause.

Relator, a bargaining unit employee, has standing under R.C. 4117.11 to pursue an unfair labor practice charge against respondent/employer alleging that the employer interfered with relator's right to arbitrate his grievance by unilaterally determining that the notice of intent to arbitrate was untimely submitted by respondent/union. SERB abused its discretion when it concluded probable cause did not exist to believe respondent/employer committed the ULP because the timeliness of a notice is a question of arbitrability that should have been submitted to the arbitrator in the first instance. SERB abused its discretion by dismissing one of relator's ULP charges against respondent/union without providing any explanation or reasoning for the decision. SERB abused its discretion in dismissing relator's ULP charge against respondent/union alleging unfair representation where the evidence showed that the union knew relator wished to arbitrate the grievance but failed to timely notify respondent/employer, as required by the CBA, based on erroneous instructions from relator's private counsel. Objections overruled, relator's motion for summary judgment granted, and writ of mandamus issued.